Jump to content


JackD13

Private Apartment Block Car Park

Recommended Posts

Posted (edited)

I have a question that I hope some people on here will be able to answer.

 

I moved into a newly built apartment block around 18 months ago, it was stated verbally that one parking space would be guaranteed and that another would be allocated once all other tenants have had moved in.

With this agreement in mind, I allowed my flat mate to have the space and said I would find alternative parking until a space was allocated to myself. It’s now become apparent that this was a ruse to get us to sign on the dotted line.

 

I am still attempting to get them to allocate me a space but this seem futile. After significant damage to my car on the surrounding streets, I’ve since started parking in a quieter area of the gated car park, which doesn’t restrict access to any entrances or exits.

 

Whilst occupying this area of the car park I was left a soggy piece of paper which stated my car was illegally parked and would be legally removed within 48 hours of the date (there was no time mentioned, also no signs around the car park). I’ve since asked if they have a photograph of the notice on my car as some of the content on there was illegible, but they said this wasn’t available.

 

This made me wonder, am I infringing any laws? If it was possible for me to arrive one day to see my car not there? Am I safe to carry on parking there?

 

Let me know if you need any more information! Intrigued to hear people thoughts on this!

 

Edited by JackD13

Share this post


Link to post
Share on other sites

who?

 

its private land 

its not criminal so not illegal

poss unlawful but as its not gone to county court ..its neither!!

 

dx

 


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

Share this post


Link to post
Share on other sites

Appreciate the response! 

 

It's a apartment letting company called Manchester Life.

 

Should i worry that one day i might come to my car for it not to be there? Can they just have it removed like that or would they need to go through a legal process first?

 

Share this post


Link to post
Share on other sites

the law regarding towing vehicles changed with the introduction of the POFA in 2012 and parking on private land is not illegal even when it is wrong.

 

So who placed the scrap of paper on your car and was it the same people  you asked about photographs?

 

Now getting a car removed from the land takes time and certain steps have to be taken.

The landowner has to show the vehicle is abandoned and as anyone can look online to see if it is taxed and MOT'd then it wil be obvious that isnt the case.

 

They have to notify the owner (as they have) but if it is obvious that the vehicle has been  moved during that notice period then they have to start all over again and they will be thrashed in court if they do remove it because they know whose it is and the fact it isn't abandoned.

 

I can presume that some managing agent has busied themselves over this without having any regard to the law.

 

so

- make a formal request for any data they hold on you and look up the co. on the ICO register of data controller and see what they are allowed to process and what they are not.

 

If they are in the wrong on that front you should be complaining to the actual owner of the land (probably developer) and let them know that as they are their agents you will be suing them if things continue in this manner.

 

Read the lease regarding actual parking and see if there is a restriction or covenant that prevents you from parking where you are.

 

Manchester life wont have any interest in the land so who owns your flat and who owns the development?

Share this post


Link to post
Share on other sites
Posted (edited)

Again, appreciate the response!

 

Yeah, it was a representative from Manchester Life that placed the note. Manchester Life are the property developers who own the building and the car park (apologies for not being clear on this earlier). I’ve since moved it into a servicing bay so it is obvious that it has been moved.

 

I’ll make the request now for information now and I’ve taken a look through the rental agreement to see if anything is mentioned in there and it says people who have been allocated a space need to sign a separate parking agreement (which I haven’t signed)!

 

Thanks again!

Edited by JackD13

Share this post


Link to post
Share on other sites
Posted (edited)

 so do they own the flat as well as being the developer?

what we are trying to ascertain is the chain of authority.

you rent a flat with parking- who owns that flat? Presume it is a leashold flat so what does the lease say about parking? Someone owns the freehold so what do they own as common parts ie visitor parking spaces?

manchester life have development and management companies as separate concerns.

ultimately they are owned by an Emirates royal family and the local council but I bet they didnt slap a paper notice on your car

all this is to save you bother in the future, at presnt you havent doen anything wrong and their threats are hollow but if there is a tenancy clause that says you can be kicked out for being a Liverpool supporter then it will be wise to at least know about this and its possible consequences

Edited by ericsbrother

Share this post


Link to post
Share on other sites

I am not 100% on the details, but I've only ever spoken to Manchester Life when signing the letting agreement. It is the concierge team, who work for Manchester Life, who put the paper on the car.

 

I can only assume that both the apartment and car park is owned by Manchester Life.

 

In the Doc4.pdf attached, I've put some pictures of the rental agreement with all pages that reference parking!

 

Doc4.pdf

Share this post


Link to post
Share on other sites

Hi

 

Just read your thread and looked at the Docs posted in your PDF.

 

1. from AST to rent a Car Parking space you need to have signed a Car Parking Agreement for a Space and for visitors you should have asked permission for another space in advance with a fee to pay. (i also assume renting a parking space would be at a cost)

 

2. You have no signed Car Parking Agreement nor visitor space agreement.

 

Did you not fully read that AST before you signed it and pick up what is stated about parking and ask them about this Car Parking Agreement and if you need one to park in the car park?

 

You could formally complain to them about what was verbally said to you but unless you have evidence of this it may be hard to prove.

 

You should also contact them and ask how you go about renting a Car Parking space/costs and about the Car Parking Agreement also what the process is for a visitor car parking space/costs.

 

You need to be aware that they could class you and your visitor as illegally parking in there car park without consent nor a signed car parking agreement which they could use as a Breach of your Tenancy Agreement so you need to be careful in how you are approaching this and where you are parking.

 

Just for info on checking Manchester Life website they have numerous buildings/apartments/car parks but you may be in a building where some of the apartments are leasehold and as part of there leasehold they may have purchased a car parking space in that building. (so how do you know you are not parking in a space that someone in the building has legally purchased?)


How to Upload Documents/Images on CAG - **INSTRUCTIONS CLICK HERE**

FORUM RULES - Please ensure to read these before posting **FORUM RULES CLICK HERE**

I cannot give any advice by PM - If you provide a link to your Thread then I will be happy to offer advice there.

I advise to the best of my ability, but I am not a qualified professional, benefits lawyer nor Welfare Rights Adviser.

Please Donate button to the Consumer Action Group

Share this post


Link to post
Share on other sites

Hi Stu,

I appreciate you taking the time to read and respond to my post!

I imagine my flat mate signed the Car Parking Agreement but I haven’t had sight of this.

I have already complained but, it is like you said, I have no evidence of the verbal promise of a space.

I’ve sent them an email asking them how I go about renting a new space and if they could send the parking agreement to me. I expect to get a response of “there are no spaces available”.

It has been mentioned earlier that as it’s not a criminal act, it is therefore not illegal. Is this not the case?

 I’m fairly certain that all the car parking spaces on the car park are rented to residents from Manchester Life. Also, I haven’t been parking in a numbered bay, I’ve been parking in Service vehicle bays, Taxi bays and unmarked areas of the car park.

Thanks again and let me know if you require anything further!

Share this post


Link to post
Share on other sites

I received a quick reply from Manchester life stating the car park is full and a link with an alternative.

 

The alternative is around a 5 minute walk from my flat and is £1080 for a 12 month pass (paid upfront).

 

My flatmate currently pays £75pcm. With the significant difference in price, would it be fair to pose the argument that this is to expensive?

Share this post


Link to post
Share on other sites

I seem to be getting daily verbal threats that my car will be towed and that i will be charged £8.50 per day on top of my rent for parking in the bays. There is no signs in the carpark that say this though??

 

Can they do this? Is there anything i am able to do to stop it?

 

Cheers!

Share this post


Link to post
Share on other sites

No hot air


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

Share this post


Link to post
Share on other sites

Is there anything i can say or do to stop the threats?

Share this post


Link to post
Share on other sites

Try checking this out. Parking spaces in your area from around £75 pcm.  https://www.yourparkingspace.co.uk/search?rental=long&lat=53.4842751&lng=-2.2248977000000423&location=New+Union+Street%2C+Manchester%2C+UK&start_date=31-08-2019

 

In the meantime I'd just be nice and ask them to put you on a waiting list. In fairness (playing devil's advocate), reading your first post you stated that they said 1 space was guaranteed and a 2nd would be allocated once all the tenants had moved in. - I would read that as 1 guaranteed and 1 maybe if the other residents don't take them all and there are spares. Life lesson I'm afraid - get it in writing and read it very carefully.

 

They can't just clamp and tow you without going through a lengthy process, and as there are no notices, they can't issue you with a parking charge. However..... people breaking the "rules" as you are doing at the moment is the main reason places call in the parking companies to manage the site. If that happens everyone will be running the gauntlet by parking in their own space and you and your neighbours will be back in this forum an awful lot.

 

Is there a tenant's group/association/facebook page? Maybe someone else isn't using theirs or only uses it for visitors and you could come to an arrangement with them?

 

 

Share this post


Link to post
Share on other sites

Appreciate your post and the link, I have looked and put my name down for the 90pcm parking space. Just waiting on them to provide me with a space.

 

I have dropped them an email asking if they can provide anything temporary until i receive this space, I am just worried on what to do in the meantime regarding all the threats etc that are causing unnecessary stress.

 

Cheers,

Jack

Share this post


Link to post
Share on other sites
On 19/08/2019 at 16:41, JackD13 said:

 

 

The alternative is around a 5 minute walk from my flat and is £1080 for a 12 month pass (paid upfront).

 

My flatmate currently pays £75pcm. With the significant difference in price, would it be fair to pose the argument that this is to expensive?

 

It's a matter of opinion whether the price difference is "significant". It's 20% (£180 per year) more expensive. Personally I doubt that's significant enough to be a major bargaining point.

Share this post


Link to post
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now

  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...